KIRKWOOD, Jonathan

Areas of Practice

Administrative Law

Commercial

Constitutional

Defamation

Employment/Industrial

Equal Opportunity/Discrimination

Equity/Equitable Relief/Trusts

Intellectual Property

Trade Practices

Jonathan practises in commercial law, public law, industrial law, media law, torts and class actions. He has advised and appeared at trial and appellate
level for a diverse range of clients including corporations, government agencies, unions and individuals.

Before coming to the Bar, he worked as Chief of Staff to Commonwealth Attorney-General Robert McClelland, as a Senior Associate in Commercial Dispute
Resolution at Holding Redlich Lawyers, and as an Associate to Justice Michael Moore at the Federal Court.

He has a Bachelor of Arts in French and a Bachelor of Laws (Hons I) from the University of Sydney, and a Bachelor of Science with a double major in
mathematics and physics from the University of Melbourne. He also has a Diploma of French Language from the University of Strasbourg, and studied
Mandarin at Fudan University in Shanghai.

Jonathan's litigation experience includes handling complex scientific and engineering expert evidence in a range of proceedings.

He read with Bernie Quinn QC.

Matters in which he has acted have included:

Commercial law

Acting for the CITIC parties in several proceedings relating to the Sino Iron Project:

Acting for the respondent in a securities class action in the Federal Court concerning accounting and forecast financial information relating to a
facilities services business: Court v Spotless Group Holdings Ltd (2017-), led by Michael Garner, instructed by Colin Biggers & Paisley

Acting for a retailer in relation to an Australian Securities and Investments Commission investigation and infringement notice concerning continuous
disclosure (2017), instructed by Herbert Smith Freehills

Acting for a law firm in Federal Court proceedings relating to the approval of a settlement of a managed investment scheme class action: Kelly v Willmott Forests Ltd (2017),
led by Richard Attiwill QC, instructed by Macpherson Kelley

Acting for a third party medical services provider in a class action in the Supreme Court of Victoria in proceedings alleging negligence and false
imprisonment relating to the Manus Island Regional Processing Centre: Kamasaee v Commonwealth of Australia & Ors (2017), led by Richard
Attiwill QC, instructed by Barry Nilsson Lawyers (settled)

Acting for a defendant electricity distribution company in a class action in the Supreme Court of Victoria alleging negligence, breach of statutory
duty and nuisance in connection with the 2014 Mickleham bushfire: Williams v AusNet Electricity Services Pty Ltd & Ors (2016-2017),
led by Michael Wheelahan QC, instructed by Herbert Smith Freehills (settled)

Acting for a former football player in relation to claims against Essendon Football Club and the Australian Football League arising from the Essendon
supplements program (2016), instructed by Schetzer Constantinou (settled)

Acting for the defendants in a proceeding in the Supreme Court of Victoria concerning a political party preselection: Barker v Australian Labor Party & Ors [2018]
VSC 596, 646, instructed by Holding Redlich

Acting for the Secretary to the Department of Justice and Regulation in the Supreme Court of Victoria and the Court of Appeal opposing a judicial review
application to restrain the conduct of the VEOHRC Independent Equity and Diversity Review of the Country Fire Authority and the Metropolitan Fire
Brigade: United Firefighters’ Union v VEOHRC & Anor [2018] VSCA 252; [2017] VSC 773, led by Melinda Richards SC, instructed by Victorian
Government Solicitor’s Office

Advising Victorian Government agencies on various constitutional and legislative issues (2016-2017), with Richard Niall QC, Solicitor-General for Victoria,
instructed by Victorian Government Solicitor’s Office

Acting for the applicant in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to research data:
Johnson v Cancer Council Victoria [2016] VCAT 1596, led by Charles Scerri QC, instructed by Herbert Smith Freehills

Acting for the Commonwealth in Federal Court proceedings concerning the Royal Commissions Act 1902 (Cth): CW3 v Commonwealth of Australia (2014),
led by Stephen Donaghue QC, instructed by Australian Government Solicitor (settled)

Acting for the appellant union in High Court proceedings concerning the constitutional validity and statutory interpretation of retrospective legislation:
Australian Education Union v General Manager of Fair Work Australia [2012] HCA 19, led by Peter Hanks QC, instructed by Holding Redlich

Acting for a defendant in an injunction application in the Supreme Court of Victoria concerning a political party preselection: Jackson v Bitar [2011]
VSC 11, led by Kristine Hanscombe QC, instructed by Holding Redlich

Acting for the applicant teacher in a proceeding in the Federal Court alleging breaches of an enterprise agreement concerning fixed term employment
at a TAFE institute: Kappes v Goulburn Ovens Institute of Technical and Further Education (2017-18), instructed by Holding Redlich

Acting for the respondent union in an application by a university in the Fair Work Commission to terminate an enterprise agreement: Murdoch University [2017]
FWCA 4472; and for the respondent union and its officers in Federal Court proceedings concerning enterprise bargaining: Murdoch University v National Tertiary Education Industry Union & Ors [2017]
FCA 1507, led by Richard Attiwill QC, instructed by Maurice Blackburn

Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Court alleging breaches of statutory governance obligations
by the Health Services Union and its former officers: General Manager of the Fair Work Commission v Thomson [2015] FCA 308 and 1001, led
by Stephen Donaghue QC, instructed by Corrs Chambers Westgarth; and General Manager of Fair Work Australia v Health Services Union & Ors [2014]
FCA 970, led by Stephen Donaghue QC, instructed by Australian Government Solicitor

Acting for the applicant union in an application in the Fair Work Commission for a majority support determination relating to editorial staff in the
Australian Football League's media operation, AFL Media: Media, Entertainment and Arts Alliance v Australian Football League [2014] FWC
8898, instructed by Maurice Blackburn

Acting for the applicant forensic scientist in Federal Court proceedings against the Chief Commissioner of Police seeking an injunction against suspension
from employment under the Public Administration Act 2004 (Vic): Quinn v Overland [2010] FCA 799, led by Rachel Doyle SC, instructed
by Maurice Blackburn

Acting for the respondent employee in appeal proceedings in Fair Work Australia concerning the power to grant permission to appeal: GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343, instructed by the National Union of Workers

Acting for a defendant litigation funder and its managing director in defamation proceedings in the Supreme Court of Victoria and Court of Appeal:
Barrow v McLernon & IMF (Australia) Ltd [2012] VSC 134 and 313, led by Stephen O'Meara QC, instructed by Arnold Bloch Leibler

Acting for a former Victorian Government Minister defending defamation proceedings in the Supreme Court of Victoria: Lovell v Holding (2011-2012),
led by Georgina Schoff QC, instructed by Holding Redlich (settled)

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